3 


i 

m 


Z 

o 


F 

8M-6 
.£ 

S58 


BANCROFT 
LIBRARY 

•o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


.  _  - 

VETO  MESSAGES 


His  Excellency  John  Sparks 

GOVERNOR  OF  THE  STATE  OF  NEVADA, 


LEGISLATURE  OF  1903^ 


Also,  Proposed  Constitutional  Amendments 


Compiled  by 

W.  G.  DOUGLASS 

Secretary  of  State  / 


CARSON     CITY,    NEVADA 
STATE  PRINTING  OFFICE,       :        :        :        :        ANDREW  MAUTE,  SUPERINTENDENT 

1903 
I15 


VETO  MESSAGES. 


Assembly  BUI  No.  52, 

AT  T 

INTRODUCED  BY  MR.  JUDD, 
FEBRUARY  9,  1903. 

AN  ACT 

To  COMPEL  ALL  PEACE  OFFICERS  TO  WEAR  BADGES  WHILE  ON  DUTY. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  folloivs: 

SECTION  1.  It  is  hereby  made  the  duty  of  Sheriffs,  their  deputies, 
Constables,  their  deputies,  and  all  peace  officers  to  wear  the  insignia 
of  their  office  in  a  bright  metal  badge  not  less  than  one  and  one -half 
inches  in  diameter,  said  badge  to  be  worn  by  said  peace  officer  in  such 
a  way  that  it  will  be  exposed  to  public  view  at  all  times  when  on  duty. 

SEC.  2.  Any  Sheriff,  Deputy  Sheriff,  Constable  or  Deputy  Consta- 
ble, or  any  peace  officer  who  shall  violate  any  of  the  provisions  of  Section 
1  of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  ten  (10)  dollars,  nor 
more  than  twenty -five  (25)  dollars,  or  be  imprisoned  in  the  county 
jail  for  a  period  of  ten  (10)  days,  or  by  both  such  fine  and  imprison- 
ment. 

SEC.  3.     This  Act  shall  take  effect  upon  its  passage  and  approval. 


VETO   MESSAGE   ON   ASSEMBLY   BILL   NO.  52. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  5, 1903. 
To  the  Honorable  the  Assembly: 

I  return  herewith  to  your  honorable  body,  without  my  approval, 
Assembly  Bill  No.  52,  entitled  "An  Act  to  compel  peace  officers  to  wear 
badges  while  on  duty." 

My  objections  are:  That  the  peace  officers  of  the  State  would  be 
placed  at  a  disadvantage  in  the  performance  of  their  duty  by  wearing  a 
badge,  which  would  not  only  become  a  target  for  the  criminal,  but  also 
create  an  alarm  and  give  opportunity  for  escaping  arrest  if  an  officer 
were  in  pursuit.  It  also  compels  the  Sheriff  to  wear  an  insignia  of 
rank,  and  separates  him  by  a  distinguishing  mark  from  the  citizen  who 
is  not  so  conspicuously  honored,  which  is  naturally  repugnant  to  people 
who,  under  a  republican  form  of  government,  believe  that  all  men  are 
equal. 


4  GOVERNOR'S    VETO    MESSAGES. 

It  is  true,  however,  that  in  large  cities,  where  the  ;s)treets  are  neces- 
sarily patrolled  by  police  officers,  a  uniform  is  a  designation  very  con- 
venient for  the  public,  but  such  power  and  regulation  is  properly  vested 
in  city  officials,  and,  in  my  judgment,  is  not  applicable  to  peace  officers 
throughout  the  State. 

In  addition,  I  will  say  that  I  have  received  protests  from  the  Sheriffs 
of  nine  counties  of  the  State  asking  that  this  measure  be  defeated,  and 
the  statement  is  made  that  each  and  every  one  wears  a  badge  ready  for 
exhibition  at  any  moment  when  it  is  necessary  to  be  made  known. 
Believing  that  such  officers  understand  their  business,  I  am  constrained 
to  follow  their  advice  upon  the  ground  of  public  policy.  Respectfully, 

JOHN  SPARKS, 

Governor. 


Senate  Joint  and  Concurrent  Resolution  No.  8, 

INTRODUCED  BY  SENATOR   LORD, 
FEBRUARY  17,  1903. 

RESOLUTION 

RELATIVE   TO   THE   MANUFACTURE   OF   TEXTILE   FABRICS. 

WHEREAS,  The  United  States  Census  Reports  show  that  a  large  pro- 
portion of  the  so  -  called  woolen  goods  manufactured  in  this  country  are 
composed  in  large  part  of  shoddy,  cotton  and  various  ingredients  other 
than  pure  wool;  and 

WHEREAS,  In  the  manufacture  of  these  goods  and  their  sale  as  textile 
fabrics  for  clothing  purposes,  they  are  represented  to  be  and  are  sold 
as  pure  woolens,  although  containing  adulterants  which  make  them  far 
inferior  in  warmth  and  wear  to  pure  wool  goods,  and  a  gross  deception 
is  thus  practiced  and  a  reprehensible  injustice  imposed  upon  the  con- 
sumer; and 

WHEREAS,  An  effort  has  been  made  in  the  Congress  of  the  United 
States  to  enact  into  law  a  measure,  popularly  known  as  "the  pure -fibre 
or  anti- shoddy  bill,"  the  purpose  of  which  is  to  compel  manufacturers 
of  textile  fabrics  to  stamp  upon  their  goods  a  label,  reciting  the  com- 
position thereof,  which  measure,  if  it  becomes  a  law,  will  protect  the 
working  people,  who  have  the  least  protection  of  any  class  of  our 
citizens,  from  the  impositions  now  practiced  upon  them  by  mill -owners 
and  manufacturers  of  cheap  and  adulterated  grades  of  cloth  which  are 
alleged  to  15e  and  are  sold  as  woolen  goods;  and 

WHEREAS,  We  believe  that  the  enactment  of  such  a  law  as  above 
mentioned  will  promote  fair  and  honorable  business  dealing,  that  it  will 
not  embarrass  any  bona  fide  industry  or  limit  proper  and  honest  pro- 
duction, and  that  it  will  afford  much  needed  relief  and  a  just  measure 
for  protection  to  the  large  class  of  working  people,  as  well  as  to  all 
consumers,  from  the  swindling  and  dishonest  methods  now  practiced 
upon  them  in  the  sale  of  clothing  materials;  now,  therefore,  be  it 

Resolved  by  the  Senate  of  the  State  of  Nevada,  the  Assembly  concur- 
ring, That  we  are  heartily  in  favor  of  and  recommend  the  passage  of 
an  Act  of  Congress  to  regulate  the  manufacture  and  sale  of  so-called 


TWKNTY-FIUST    SKSSION.  ."> 

\voolcn  clothing  materials,  which  such  Art  shall  compel  nil  manufactu- 
rers of  textile  fabrics  to  indicate  by  stamp  or  label  the  character,  qual- 
ity and  composition  thereof  before  the  same  are  offered  to  the  consumer; 
and  be  it  further 

Rrsoh'f'tl.  That  a  copy  of  these  resolutions  be  sent  to  our  Represen- 
tative in  Congress,  and  one  to  each  of  our  United  States  Senators. 


VETO   MESSAGE    ON    SENATE    JOINT  AND    CONCURRENT   RESOLUTION   NO.  8. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  11, 1903. 
To  the  Honorable  the  Senate: 

I  have  the  honor  to  return  to  you,  without  my  approval.  Senate 
Joint  and  Concurrent  Resolution  No.  8,  relative  to  the  manufacture  of 
textile  fabrics. 

This  resolution  is  by  its  express  conditions  intended  as  an  endorse- 
ment of  the  anti- shoddy  bill,  "the  purpose  of  which  is  to  compel  man- 
ufacturers of  textile  fabrics  to  stamp  upon  their  goods  a  label  reciting 
the  composition  thereof." 

The  recommendations  made  are  evidently  well  intended,  but  will 
they  prove  beneficial  to  the  trustful  law-abiding  man,  who  accepts  the 
label  as  true  and  correct? 

We  have  laws  abundant  to  prevent  fraud,  obtaining  money  under 
false  pretense  and  swindling,  etc.,  but  does  not  the  cunning,  audacious 
law-breaker  deceive  and  victimize  him  who  believes  the  law  a  protec- 
tion? 

The  composition  of  so-called  woolen  goods  has  but  little  relation  to 
actual  value.  The  gigantic  mill  operator  under  a  high  protective  tariff 
fears  no  law  that  does  not  protect  him.  The  manufacturer  may  label 
it  of  good  quality,  the  purchaser  by  actual  wear  discover  that  the  com- 
ponent part  set  down  as  wool  may  prove  to  be  largely  shoddy  wool 
made  from  worn-out  woolens,  and  the  cotton  part  prove  to  come  from 
the  same  source,  and  thus  the  deception  becomes  established  by  law. 

In  business  life  I  believe  that  it  is  always  better  to  depend  on  a  per- 
son's own  judgment  than  to  depend  on  conditions  of  law.  It  would, 
in  my  judgment,  operate  as  a  hardship  on  smaller  factories  in  new 
countries,  where  mills  are  being  operated  near  the  great  cotton  belt,  in 
which  country  an  inferior  staple  of  wool  is  grown  and  manufactured 
into  what  is  called  mixed  cloth.  It  seems  to  me  the  wage -earner  and 
the  poor  class  should  have  the  full  benefit  of  cheap  clothing,  as  there 
are  many  more  of  that  class  who  are  not  able  to  wear  so-called  "all 
wool"  that  is  manufactured  by  three  or  four  gigantic  highly  protected 
factories  in  the  New  England  States. 

I  certainly  believe  this  law  would  operate  against  the  southern  wool 
growers,  the  cotton  raisers,  and  the  masses  of  the  people.  After  care- 
fully considering  the  provisions  of  the  resolution,  I  am  impressed  with 
the  conviction  that  its  principal  features  have  emanated  from  a  wool- 
growers'  convention,  and  intended  to  be  imposed  on  an  unsuspecting 
Congress.  Respectfully, 

JOHN  SPARKS, 

Governor, 


6  GOVERNOR'S   VETO    MESSAGES. 

Senate  Joint  and  Concurrent  Resolution  No.  9, 

INTRODUCED  BY  SENATOR  JACKSON, 
FEBRUARY  25,  1903. 

JOINT    AND    CONCURRENT    RESOLUTION 

RELATIVE  TO  DECLARING  THE  RESULT  OF  THE  VOTE  UPON  AMENDING 
SECTION  1,  ARTICLE  X,  OF  THE  CONSTITUTION  AS  PER  ASSEMBLY 
JOINT  AND  CONCURRENT  RESOLUTION  No.  12  OF  THE  SESSION  OF 
1899,  OF  THE  NEVADA  STATE  LEGISLATURE. 

WHEREAS,  The  State  Legislatures  of  1899  and  1901  both  passed  a  res- 
olution designated  and  known  as  Assembly  Joint  and  Concurrent  Reso- 
lution No.  12,  concerning  the  taxing  of  patented  mines,  and  which 
resolution  was  duly  submitted  to  the  people  and  voted  upon  at  the  last 
general  election;  and 

WHEREAS,  The  State  Board  of  Canvassers,  in  declaring  the  results  of 
the  last  general  election,  failed  to  specifically  state  whether  or  not  the 
said  amendment  had  been  legally  adopted  by  the  people  of  the  State; 
now,  therefore, 

Resolved  by  the  Senate  of  the  State  of  Nevada,  the  Assembly  concurring, 
That  it  is  the  duty  of  the  said  Board  of  Canvassers  to  definitely  declare 
the  result  of  said  vote  upon  said  resolution;  and  that  said  Board  of 
Canvassers  be  and  hereby  is  requested  to  immediately  consider  the 
matter  and  declare  the  result  in  definite  terms  whether  the  amendment 
was  adopted  or  not. 

VETO  MESSAGE  ON  SENATE  JOINT  AND  CONCURRENT  KESOLUTION  NO.  9. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  12, 1903. 
To  the  Honorable  the  Senate: 

I  return  to  your  honorable  body,  without  my  approval,  Joint  and 
Concurrent  Resolution  No.  9,  concerning  the  alleged  failure  of  the 
State  Board  of  Canvassers  in  December  last  to  canvass  the  vote  on  the 
constitutional  amendment  concerning  the  taxation  of  patented  mines, 
submitted  to  the  vote  of  the  people  at  the  election  held  in  this  State 
in  1902. 

My  reasons  for  not  approving  the  resolution  are : 

(1)  It  is  an  implied,  if  not  an  actual,  censure  upon  the  three  Jus- 
tices of  the  Supreme  Court,  who  in  December  last  constituted  the  State 
Board  of  Canvassers;  and 

(2)  The  censure  is  not  justified;  because  there  was  not  in  December 
last,  and  is  not  now,  so  far  as  I  am  able  to  ascertain,  any  law  authoriz- 
ing or  empowering  the  said  Board  of  Canvassers  to  make  such  canvass. 
There  can  hardly  be  a  failure  to  do  an  official  act  unless  there  be  a  law 
authorizing  and  empowering  an  officer  to  do  such  act. 

As  to  the  duty  of  the  present  State  Board  of  Canvassers  to  make  a 
canvass  of  a  vote  cast  in  1902,  there  is  at  least  a  grave  doubt.  Respect- 
fully, 

JOHN  SPARKS, 

Governor. 


TWKNTY    KIIIST    SKSSION.  7 

Assembly  Bill  No.  114, 

INTRODUCED  BY  MR,  COOKE, 

MARCH   2,  1903. 

AN   ACT 

SUPPLEMENTARY  TO  AN  ACT  ENTITLED  "AN  ACT  CONCERNING  CRIMES 
AND  PUNISHMENTS,"  APPROVED  NOVEMBER  26,  1861. 

The  People  of'  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  Every  man  who,  by  force,  intimidation,  threats,  persua- 
sion, promises,  or  any  other  means,  places  or  leaves,  or  procures  any 
other  person  or  persons  to  place  or  leave,  his  wife  in  a  house  of  prosti- 
tution, or  connives  at  or  consents  to,  or  permits,  the  placing  or  leaving 
of  his  wife  in  a  house  of  prostitution,  or  allows  or  permits  her  to  remain 
therein,  is  guilty  of  a  felony  and  punishable  by  imprisonment  in  the 
State  Prison  for  not  less  than  three  nor  more  than  ten  years;  and  in 
all  prosecutions  under  this  section  a  wife  is  a  competent  witness  against 
her  husband. 

SEC.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  the  above  are 
hereby  repealed. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  114. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  14,  1903. 
To  the  Honorable  the  Assembly: 

I  have  the  honor  to  return  to  you,  without  my  approval,  Assembly 
Bill  No.  114,  entitled  "An  Act  supplementary  to  an  Act  entitled  'An 
Act  concerning  crimes  and  punishments.'" 

My  objections  are  based  upon  the  following  grounds: 

It  is  a  recognized  principle  that  some  crimes  are  unmentionable  in 
specific  terms.  The  crime  suggested  in  this  Act  is  covered  by  law 
already  in  force,  and,  upon  application  to  any  Court  or  to  honorable 
citizens,  the  necessary  protection  would  be  given  to  the  woman,  if 
worthy  and  deserving.  It  is  possible  that  a  man  might  be  so  low  and 
degraded  as  to  be  guilty  of  the  crime  named,  but  a  good  woman  would 
scorn  the  man  with  such  resistance  that  no  harm  could  come  to  her, 
unless  an  assault  be  made  by  him,  and,  in  such  case,  punishment  as 
severe  as  this  Act  prescribes  can  be  inflicted. 

In  a  general  sense  such  persons  are,  and  should  be,  denounced  by  law 
and  all  good  people  as  depraved  and  belonging  to  the  degraded  and 
dangerous  class,  but  I  do  not  believe  that  the  moral  turpitude  of  the 
people  of  this  State  is  such  as  to  require  a  law  of  this  kind  in  the  stat- 
ute books,  thus  publishing  to  the  world  an  intimation  at  least  that  such 
a  law  is  necessary. 

The  moral  sense  of  our  people  will  not  permit  such  practice,  and  will 
meet  all  the  requirements  for  its  prevention,  without  special  legislation 
as  provided  in  this  Act.  I  believe  that  the  women  of  the  United  States, 
and  especially  the  women  of  Nevada,  are  possessed  of  too  high  a  degree 


8  GOVERNOR'S    VETO    MESSAGES. 

of  honor  to  submit  to  such  dictation  of  shame,  and  are  perfectly  quali- 
fied by  education  and  inherent  morality  to  protect  themselves  and  com- 
mand the  respect  of  all  people.  Respectfully, 

JOHN  SPARKS, 

Governor. 


Senate  Bill  No.  83, 

INTRODUCED  BY  SENATOR  JACKSON, 

MARCH  5,  1903. 

AN  ACT 

CONCERNING  THE  DUTIES  OF  THE  STATE  BOARD  OF  CANVASSERS. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  It  is  hereby  made  the  duty  of  the  State  Board  of  Can- 
vassers, after  canvassing  the  returns  of  any  -State  election,  to  state 
definitely  in  each  case  who  is  elected,  and  whether  any  question  voted 
upon  by  the  people  is  adopted  or  not.  A  mere  statement  of  the  number 
of  votes  for  and  against  shall  not  be  sufficient. 

SEC.  2.  A  failure  or  refusal  on  the  part  of  said  State  Board  of  Can- 
vassers to  comply  with  the  provisions  of  this  Act  shall  be  deemed  a 
misdemeanor,  and  shall  subject  the  member  or  members  of  such  Board, 
so  failing  or  refusing  to  comply  herewith,  to  a  fine  of  not  less  than  one 
hundred  ($100)  dollars,  nor  more  than  five  hundred  ($500)  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  period  not  less  than  fifty  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment  in 
the  discretion  of  the  Court. 


VETO   MESSAGE   ON   SENATE   BILL   NO.  83. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  23, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit,  without  my  approval,  Senate  Bill  No. 
83 — An  Act  concerning  the  duties  of  the  State  Board  of  Canvassers. 

This  Act  was  intended  to  confer  the  authority  on  the  "  State  Board 
of  Canvassers  after  canvassing  the  returns  of  any  State  election  to 
state  definitely  in  each  case  who  is  elected,  and  whether  any  question 
voted  upon  by  the  people  is  adopted  or  not,  and,  in  case  of  a  failure 
or  refusal  to  perform  such  duty,  the  member  or  members  of  said  Board 
shall  be  fined  not  less  than  one  hundred,  nor  more  than  five  hundred 
dollars." 

Inasmuch  as  the  State  Board  of  Canvassers  consists  of  the  Justices 
of  the  Supreme  Court,  who  only  act  in  a  ministerial  capacity  on  such 
Board,  but  have,  when  acting  as  a  Supreme  Court,  full  power  to  pass 
on  all  laws  enacted  by  the  legislature,  it  would  seem  to  me  a  hardship 
to  compel  them  under  penalty  to  do  a  thing  as  a  Board,  which  they 
might,  in  deliberate  judgment  as  a  Court,  pronounce  illegal. 

I  am  also  informed  by  members  of  the  Legislature  that  no  such 


TWENTY-FIRST    SESSION. 

thing  was  intended,  and  that,  by  some  error  or  misunderstanding  dur- 
ing the  hurry  of  the  closing  session,  the  bill  became  so  encumbered 
unaccountably. 

I  therefore  return  the  bill  to  you  without  my  approval,  to  be  sub- 
mitted to  the  next  Legislature.  Respectfully, 

JOHN  SPARKS, 

Governor. 

Assembly  Bill  No.  129, 

INTRODUCED  BY  MB.  COOKE, 

MARCH   3,  1903. 

AN   ACT 

FIXING  THE  SALARY  OF  THE  JUSTICE  OF  THE  PEACE  IN  AND  FOR 
RENO  TOWNSHIP,  WASHOE  COUNTY,  STATE  OF  NEVADA,  AND 
OTHER  MATTERS  RELATING  THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  On  and  after  the  passage  of  this  Act,  the  Justice  of  the 
Peace  in  and  for  Reno  Township,  Washoe  county,  State  of  Nevada, 
shall  receive  a  salary  of  eight  hundred  dollars  per  annum,  payable 
monthly  in  twelve  equal  installments. 

SEC.  2.  The  salary  named  in  this  Act  shall  be  the  only  salary  or 
compensation  that  shall  be  allowed  by  the  Board  of  County  Commis- 
sioners or  County  Auditor,  or  paid  by  the  County  Treasurer  of  said 
county,  for  any  and  all  services  and  ex  officio  services  of  every  kind 
and  character  rendered  by  said  Justice  of  the  Peace. 

SEC.  3.  The  said  Justice  of  the  Peace  named  in  Section  1  of  this 
Act,  after  the  above  mentioned  time,  is  entitled  to  charge,  collect  and 
retain  as  his  own,  for  all  services  and  ex  officio  services  rendered  by 
him  for  any  person,  State  or  County,  other  than  the  County  of  Washoe, 
such  fees  and  compensation  as  now  are,  or  hereafter  may  be  allowed  by 
law. 

SEC.  4.  All  Acts  and  parts  of  Acts  inconsistent  or"  in  conflict  with 
the  provisions  of  this  Act  are  hereby  repealed. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  129. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  24, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  in  your  office,  without  my  approval, 
Assembly  Bill  No.  129— An  Act  fixing  the  salary  of  the  Justice  of  the 
Peace  in  and  for  Reno  Township,  Washoe  County,  State  of  Nevada,  and 
other  matters  relating  thereto. 

The  object  of  fhis  Act  is  to  change  the  compensation  of  the  office  of 
Justice  of  the  Peace  in  said  township  from  a  fee  system,  as  heretofore 
and  now  existing,  and  under  the  provisions  of  which  the  Justice  was 
duly  elected,  to  that  of  a  salaried  office,  the  effect  of  which  will  in  all 


10  GOVERNOR'S   VETO    MESSAGES. 

probability  reduce  the  compensation  of  the  officer  very  materially  and 
immediately. 

While  not  denying  the  right  of  the  Legislature  to  make  such  a  change, 
I  do  think  that  it  will  operate  unjustly  upon  an  officer  who,  in  the  con- 
fidence of  past  conditions,  made  a  campaign  in  the  belief  that  the  law 
would  not  be  changed  to  his  disadvantage  during  the  term  for  which  he 
may  have  been  elected.  If  this  Act  had  been  made  to  take  effect  at  the 
expiration  of  the  term  of  office,  I  would  willingly  give  it  my  approval. 
As  it  is,  in  my  opinion,  an  injustice,  I  will  deposit  the  measure 
unapproved,  and  permit  the  next  Legislature  to  act  after  the  people  of 
the  township  can  have  the  privilege  of  instructing  the  members  as  to 
the  action  to  be  taken  thereon.  It  might  be  proper  to  state  that  I  have 
a  petition,  numerously  signed  by  leading  citizens  and  taxpayers  of  the 
City  of  Reno,  requesting  that  I  withhold  my  approval  of  the  measure. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


Senate  Bill  No.  34, 

INTRODUCED  BY  SENATOR  FREUDENTHAL, 
FEBRUARY  13,  1903. 

AN  ACT 

To  AMEND  AN  ACT  ENTITLED  "AN  ACT  REQUIRING  FOREIGN  CORPO- 
RATIONS DOING  BUSINESS  IN  THE  STATE  OF  NEVADA  TO  PUBLISH 
ANNUAL  STATEMENTS,"  APPROVED  MARCH  28, 1901. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.     Said  Act  is  hereby  amended  so  as  to  read  as  follows: 

Section  1.  All  foreign  corporations  doing  business  in  the  State  of 
Nevada  shall,  during  the  month  of  May  of  this  year  and  in  each  suc- 
ceeding year  in  the  month  of  January,  publish  a  statement  of  their  last 
year's  business  in  some  newspaper  in  the  State  of  Nevada.  If  said 
statement  be  published  in  a  weekly  newspaper,  it  shall  be  published  for 
a  period  of  one  month;  if  in  a  daily,  for  a  period  of  one  week. 

SEC.  2.  The  Secretary  of  the  company  publishing  the  statement 
shall  file  a  copy  with  the  several  Assessors  of  the  State  of  Nevada. 

SEC.  3.  Any  corporation  coming  within  the  provisions  of  this  Act 
who  shall  neglect  or  refuse  to  file  a  statement  as  required  by  section 
one  of  this  Act,  shall  be  liable  to  a  penalty  of  $100  for  each  month  that 
the  published  statement  remains  unfiled  with  the  several  Assessors  of 
the  State. 

SEC.  4.  Any  District  Attorney  in  the  State  is  competent  to  sue  to 
recover  the  penalty,  or  the  Attorney -General.  The  first  county  suing 
through  its  District  Attorney  shall  secure  the  penalty,  and  if  no  suit  is 
brought  for  the  penalty  by  any  District  Attorney  the'  State  shall  have 
the  right  to  recover  through  its  Attorney -General. 

SEC.  5.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act  are 
hereby  repealed. 


TWKNTV   1'IIIST   SESSION.  11 

VETO   MESSAGE   ON   SENATE   BILL   NO.  34. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  24, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit,  without  my  approval,  Senate  Bill  No. 
:>4 — An  Act  to  amend  an  Act  entitled  "An  Act  requiring  foreign  corpo- 
rations doing  business  in  the  State  of  Nevada  to  publish  annual  state- 
ments." 

By  referring  to  the  Act  approved  March  28th,  page  118,  Statutes  of 
1901,  of  which  this  Act  is  amendatory,  it  is  provided: 

"SECTION  1.  All  foreign  corporations  doing  business  in  the  State  of 
Nevada,  shall,  during  the  month  of  May  of  this  year,  and  in  each  suc- 
ceeding year  in  the  month  of  January,  publish  a  statement  of  their  last 
year's  business  in  some  daily  newspaper  in  the  State  of  Nevada,  for  a 
period  of  one  week." 

The  amendatory  Act  now  under  consideration  changes  Section  1: 
"Said  Act  is  hereby  amended  so  as  to  read  as  follows:  SECTION  1. 
All  foreign  corporations  doing  business  in  the  State  of  Nevada,  shall, 
during  the  month  of  May  of  this  year,  and  in  each  succeeding  year  in 
the  month  of  March,  publish  a  statement  of  their  last  year's  business," 
etc. 

It  will  be  observed  that  the  only  difference  of  importance  is  embraced 
in  changing  the  time  from  January  as  provided  in  the  Statutes  of  1901 
to  March,  hereafter,  in  the  amending  Act. 

It  so  happens  that  a  large  proportion  of  the  companies  have,  since 
the  1st  day  of  January,  made  the  publication  as  required  by  the  Statutes 
of  1901,  but,  under  a  literal  construction  of  this  Act,  all  foreign  cor- 
porations doing  business  in  this  State  shall,  during  the  month  of  May 
of  this  year,  publish  statements  of  their  last  year's  business.  This 
would  compel  the  companies  who  have  already  published  their  state- 
ments to  publish  again  in  May  of  this  year,  or,  in  case  of  a  failure,  to 
either  stand  in  default  of  heavy  penalty  or  accept  a  lawsuit  for  justifi- 
cation, in  case  it  be  brought  into  Court. 

I  do  not  believe  this  amendment  is  of  sufficient  importance  to  the 
people  of  the  State  to  jeopardize  the  interest  of  a  class  of  business 
people  who  have  honestly  and  promptly  complied  with  the  law. 
Respectfully, 

JOHN  SPARKS, 

Governor. 


12  GOVERNOR'S    VETO    MESSAGES. 

Assembly  Bill  No.  118, 

INTRODUCED  BY  MR.  WHITACRE, 

MARCH   2,  1903. 

AN  ACT 

To  PROTECT  THE  OWNERS  OF  LIVERY  OR  FEED  STABLES  FROM  BEING 
DEFRAUDED  BY  FALSE  PRETENSES  AND  MISREPRESENTATION  OF 
PERSONS  TO  SECURE  THE  USE  OF  TEAMS,  AND  TO  PUNISH  PER- 
SONS FOR  CRUELTY  TO  HORSES  BY  OVERDRIVING  OR  OTHER 
ABUSE. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly , 

do  enact  as  follows: 

SECTION  1.  Any  person  who  obtains  any  livery  hire  or  other  accom- 
modations at  any  livery  or  feed  stable  in  this  State,  without  paying 
therefor,  with  intent  to  defraud  the  proprietor  or  manager,  and  who 
obtains  credit  by  the  use  of  any  false  pretense,  or  who,  after  obtaining 
a  horse,  vehicle  or  other  property  at  such  stable,  wilfully  or  maliciously 
abuses  the  same  by  beating,  goading,  overdriving  or  other  malicious 
conduct,  or  who  keeps  the  same  for  a  longer  period  or  takes  the  same 
to  a  greater  distance  than  contracted  for,  or  allows  a  feed  bill  or  other 
charges  to  accumulate  against  such  property  without  paying  therefor, 
or  abandons  the  same  with  intent  to  defraud  the  owner,  manager  or 
proprietor  having  such  livery  or  feed  stable,  is  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  fifty  dollars 
($50)  nor  more  than  two  hundred  and  fifty  ($250)  dollars. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  118. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  25, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit,  without  my  approval,  Assembly  Bill  No. 
118 — An  Act  to  protect  the  owners  of  livery  and  feed  stables  from  being 
defrauded  by  false  pretenses,  etc. 

My  objections  are,  in  the  first  place,  that  its  provisions  are  too  special 
in  character,  and,  as  compared  with  other  branches  of  business,  mani- 
fest partiality  is  shown.  There  are  already  laws  to  punish  persons 
gaining  money  or  goods  upon  false  pretenses,  and  the  crimes  should  be 
no  greater  or  more  emphatic  by  reason  of  a  person  deceiving  a  livery- 
man than  if  any  other  business  man  should  suffer  from  the  same  cause. 
The  fact  that  a  person  in  good  faith  should  hire  a  team  from  a  livery- 
man, and  should  drive  it  a  greater  distance  than  first  agreed  upon, 
should  make  him  subject  to  penal  prosecution  and  fine,  is  not  reason- 
able, because  the  person  engaging  the  team  may  find  it  necessary  to  go 
farther  than  first  anticipated  when  the  team  was  hired.  And,  in  refer- 
ence to  the  intent  to  commit  fraud  in  hire,  it  is  very  easy  to  conceive 
how  it  could  happen  that  a  person  might  be  unable  to  settle  the  bill 
upon  returning,  no  matter  how  honest  his  intentions  were  at  the  time 
of  giving  the  order.  This  law  would  then  open  the  way  through  the 


TWENTY- KIKST    SKSSION.  13 

misdemeanor  provided  for  to  imprison  a  man  by  reason  of  his  inability 
to  pay  a  debt  honestly  contracted,  which  is  not  recognized  in  this  State. 
The  law  to  prevent  cruelty  to  animals  is  amply  sufficient,  and  is  no 
better  provided  for  in  this  Act.     Respectfully, 

JOHN  SPARKS, 
Governor. 

Assembly  Bill  No.  130, 

INTRODUCED  BY  MR.  COOKE, 

MARCH   3,  1903. 

AN  ACT 

FIXING  THE  SALARY  OF  THE  CONSTABLE  IN  AND  FOR  RENO  TOWN- 
SHIP, WASHOE  COUNTY,  STATE  OF  NEVADA,  AND  OTHER  MATTERS 
RELATING  THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  On  and  after  the  passage  of  this  Act,  the  Constable  in 
and  for  Reno  Township,  Washoe  County,  State  of  Nevada,  shall 
receive  a  salary  of  one  thousand  dollars  per  annum,  payable  monthly 
in  twelve  equal  installments. 

SEC.  2.  The  salary  named  in  this  Act  shall  be  the  only  salary  or 
compensation  that  shall  be  allowed  by  the  Board  of  County  Commis- 
sioners or  County  Auditor,  or  paid  by  the  County  Treasurer  of  said 
county  for  any  and  all  services  and  ex  officio  services  of  every  kind 
and  character  rendered  by  said  Constable. 

SEC.  3.  The  said  Constable  named  in  Section  1  of  this -Act,  after 
the.  above -mentioned  time,  is  entitled  to  charge,  collect  and  retain  as 
his  own,  for  all  services  and  ex  officio  services  rendered  by  him  for  any 
person,  State  or  County,  other  than  the  said  County  of  Washoe,  such 
fees  and  compensation  as  now  are,  or  hereafter  may  be,  allowed  by  law. 

SEC.  4.  All  Acts  or  parts  of  Acts  inconsistent  or  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 


VETO   MESSAGE    ON   ASSEMBLY   BILL   NO.   130. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  25, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  Assembly  Bill  No.  130,  without  my 
approval — An-  Act  fixing  the  salary  of  the  Constable  in  and  for  the 
Township  of  Reno,  Washoe  County,  Nevada,  and  other  matters  relat- 
ing thereto. 

My  objection  to  this  becoming  a  law  is  that  an  officer  having  been 
elected  to  an  office,  the  compensation  of  which  is  prescribed  by  law, 
should  not,  in  justice,  be  subjected  to  an  arbitrary  change  and  compelled 
to  accept  a  condition  liable  to  work  a  pecuniary  injury  to  himself,  dur- 
ing the  term  for  which  he  is  elected.  Respectfully, 

JOHN  SPARKS, 

Governor. 


14  GOVERNOR'S    VETO    MESSAGES. 

Assembly  Bill  No.  128, 

INTRODUCED  BY  MR,  COOKE, 

MARCH    3,  1903. 

AN  ACT 

FIXING  THE  SALARY  OF  THE  JUSTICE  OF  THE  PEACE  IN  AND  FOR 
WADSWORTH  TOWNSHIP,  WASHOE  COUNTY,  STATE  OF  NEVADA, 
AND  OTHER  MATTERS  RELATING  THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  On  and  after  the  passage  of  this  Act,  the  Justice  of  the 
Peace  in  and  for  Wadsworth  Township,  Washoe  County,  State  of 
Nevada,  shall  receive  a  salary  of  six  hundred  dollars  per  annum,  pay- 
able monthly,  in  twelve  equal  installments. 

SEC.  2.  The  salary  named  in  this  Act  shall  be  the  only  salary  or 
compensation  that  shall  be  allowed  by  the  Board  of  County  Commis- 
sioners or  County  Auditor,  or  paid  by  the  County  Treasurer  of  said 
county,  for  any  and  all  services  and  ex  officio  services  of  every  kind 
and  character  rendered  by  said  Justice  of  the  Peace. 

SEC.  3.  The  said  Justice  of  the  Peace  named  in  Section  1  of  this  Act, 
after  the  above-mentioned  time,  is  entitled  to  charge,  collect,  and  retain 
as  his  own,  for  all  services  and  ex  officio  services  rendered  by  him  for 
any  person,  State  or  County,  other  than  the  said  County  of  Washoe, 
such  fees  and  compensation  as  now  are,  or  hereafter  may  be,  allowed  by 
law. 

SEC.  4.  All  Acts  or  parts  of  Acts  inconsistent  or  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 


VETO  MESSAGE  ON  ASSEMBLY  BILL  NO.  128. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  25, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  hereby  deposit  in  your  office,  without  my  approval,  Assembly 
Bill  No.  128 — An  Act  fixing  the  salary  of  the  Justice  of  the  Peace  in 
and  for  the  Township  of  Wadsworth,  Washoe  County,  State  of  Nevada. 
My  objection  to  this  measure  is  that  an  officer  having  been  elected 
to  an  office,  the  compensation  of  which  is  prescribed  by  law,  should 
not,  in  justice,  be  subjected  to  an  arbitrary  change  and  compelled  to 
accept  a  condition  liable  to  work  a  pecuniary  injury  to  himself  during 
the  term  for  which  he  was  elected.  Respectfully,. 

JOHN  SPARKS, 

Governor. 


T\\  KNTY-FIRST    SESSION.  15 

Assembly  BUI  No.  127, 

INTRODUCED  BY  MR.  COOKE, 

MARCH   3,  1903. 

AN  ACT 

FIXING  THE  SALARY  OF  THE  CONSTABLE  IN  AND  FOR  WADSWORTH 
TOWNSHIP,  WASHOE  COUNTY,  STATE  OF  NEVADA,  AND  OTHER 
MATTERS  RELATING  THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  folloivs: 

SECTION  1.  On  and  after  the  passage  of  this  Act,  the  Constable  in 
and  for  Wadsworth  Township,  Washoe  County,  State  of  Nevada,  shall 
receive  a  salary  of  eight  hundred  dollars  per  annum,  payable  monthly 
in  twelve  equal  installments. 

SEC.  2.  The  salary  named  in  this  Act  shall  be  the  only  salary  or 
compensation  that  shall  be  allowed  by  the  Board  of  County  Commis- 
sioners or  County  Auditor,  or  paid  by  the  County  Treasurer  of  said 
county,  for  any  and  all  services  and  ex  officio  services  of  every  kind 
and  character  rendered  by  said  Constable. 

SEC.  3.  The  said  Constable  named  in  Section  1  of  this  Act,  after 
the  above-mentioned  time,  is  entitled  to  charge,  collect  and  retain  as 
his  own,  for  all  services  and  ex  officio  services  rendered  by  him  for 
any  person,  State  or  County,  other  than  the  said  County  of  Washoe, 
such  fees  and  compensation  as  are  now,  or  hereafter  may  be,  allowed  by 
law. 

SEC.  4.  All  Acts  or  parts  of  Acts  inconsistent  or  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 


VETO   MESSAGE    ON   ASSEMBLY   BILL   NO.  127. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  25, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  with  you,  without  my  approval,  Assembly 
Bill  No.  127 — An  Act  fixing  the  salary  of  Constable  in  and  for  the 
Township  of  Wadsworth,  County  of  Washoe,  State  of  Nevada. 

I  object  to  this  measure  on  the  ground  that  an  officer  having  been 
elected  to  an  office,  the  compensation  of  which  is  prescribed  by  law, 
should  not,  in  justice,  be  subjected  to  an  arbitrary  change  and  com- 
pelled to  accept  a  condition  liable  to  work  a  pecuniary  injury  to  him- 
self during  the  term  for  which  he  was  elected.  Respectfully, 

JOHN  SPARKS, 

Governor. 


16  GOVERNOR'S    VETO    MESSAGES. 

Senate  Bill  No.  63, 

INTRODUCED  BY  SENATOR  FREUDENTHAL, 
FEBRUARY  25,  1903. 

AN  ACT 

SUPPLEMENTARY  TO  AN  ACT  ENTITLED  "AN  ACT  TO  ENCOURAGE  THE 
MINING,  MILLING,  SMELTING  OR  OTHER  REDUCTION  OF  ORES  IN 
THE  STATE  OF  NEVADA,"  APPROVED  MARCH  1,  1875. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follows: 

SECTION  1.  Any  person,  a  citizen  of  the  United  States,  may  enter 
upon  any  unfeneed  and  unimproved  land  in  the  State  of  Nevada  held 
in  private  ownership,  excepting  mining  claims  and  mining  property 
already  located  or  occupied  for  mining  purposes,  and  may  prospect 
thereon  for  gold,  silver  or  other  valuable  minerals  or  metals,  being 
responsible  to  the  owner  of  the  land  for  all  damage  done  thereto. 

SEC.  2.  Any  person,  a  citizen  of  the  United  States,  discovering  a 
ledge  or  deposit  containing  gold,  silver  or  other  valuable  mineral  or 
metals  in  or  upon  any  unfeneed  and  unimproved  land  in  this  State  held 
in  private  ownership,  excepting  mining  claims  or  mining  property 
already  located  or  occupied  for  mining  purposes,  may  locate  such  ledge 
or  deposit,  in  accordance  with  the  laws  of  the  United  States  and  of  this 
State  in  respect  to  the  location  of  mining  claims,  the  same  as  though 
such  ledge  or  deposit  was  found  upon  the  public  domain,  and  may 
acquire  title  to  such  land  so  located  by  means  of  the  special  proceed- 
ings prescribed  in  this  Act.  The  said  special  proceedings  shall  be  sub- 
stantially as  follows:  .There  shall  be  filed  in  the  Clerk's  office  of  the 
District  Court  in  the  county  where  the  real  estate  is  situated,  a  petition 
verified  according  to  law,  stating  therein  the  name  or  names  of  the 
person  or  persons  presenting  the  petition;  that  he  or  they  have  discov- 
ered a  ledge  or  deposit  containing  gold,  silver,  or  some  other  valuable 
mineral  or  metal;  the  description  by  metes  and  bounds,  or  by  some 
other  accurate  designation  of  the  tract  or  tracts  of  land,  located  in  the 
manner  of  mining  claims  as  herein  provided  and  desired  to  be  appro- 
priated for  mining  purposes ;  that  said  land  is  more  valuable  for  mining 
purposes  than  the  purpose  for  which  the  same  is  being  held ;  the  names 
of  those  in  possession  of  said  land,  and  those  claiming  any  right,  title 
or  interest  therein,  so  far  as  the  same  can  be  obtained  by  reasonable 
diligence. 

SEC.  3.  That  the  proceedings  following  the  filing  of  such  petition 
shall  be  as  prescribed  in  that  certain  Act  of  the  Legislature  of  this 
State  entitled  "An  Act  to  encourage  the  mining,  milling,  smelting  or 
other  reduction  of  ores  in  the  State  of  Nevada,"  approved  March  1, 
1875,  in  so  far  as  the  same  are  not  inconsistent  with  the  provisions  of 
this  Act. 

SEC.  4.  If  upon  the  hearing  of  the  petition  filed  as  provided  in  this 
Act,  it  appears  to  the  satisfaction  of  the  Court  or  Judge  thereof  that 
the  land  in  question  is  more  valuable  for  mining  than  the  purpose  for 
which  the  same  is  being  used,  then  the  petitioner  or  petitioners  shall 


TWKNTY-KIHST    SKSSION.  17 

title  thereto  in  manner  similar  to  that  prescribed  in  the  Act  to 
which  this  Act  is  supplementary. 

SEC.  5.  In  determining  the  value  of  the  land  as  a  basis  for  the  com- 
pensation which  the  petitioner  or  petitioners  shall  pay  to  the  owners 
thereof,  the  minerals  therein  contained  shall  not  be  considered  as  going 
to  make  up  the  value,  but  the  value  which  shall  govern  is  the  reason- 
able value  of  the  land  for  the  use  to  which  the  same  has  previously 
been  put,  or  reasonably  might  be  expected  to  be  put  [in] ,  in  the  future 
1»\  the  owners  thereof. 

VETO  MESSAGE  ON  SENATE  BILL  NO.  63. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  26, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  with  you,  without  my  approval,  Senate 
Bill  No.  63 — An  Act  supplementary  to  an  Act  entitled  "An  Act  to 
encourage  the  mining,  milling,  smelting  or  other  reduction  of  ores  in 
the  State  of  Nevada." 

My  objection  to  this  measure  is  founded  on  the  firm  belief  that  its 
provisions  are  in  direct  violation  of  Section  8,  Article  I,  of  the  Consti- 
tution of  the  State,  which  declares  "that  no  person  shall  be  deprived  of 
life,  liberty,  or  property  without  due  process  of  law;  nor  shall  private 
property  be  taken  for  public  use  without  just  compensation  having  been 
made  or  secured,  except  in  cases  of  war,  riot,  fire,  or  great  public  peril, 
in  which  case  compensation  shall  be  afterward  made." 

It  is  not  probable  that  the  object  set  forth  in  this  bill  can  be  con- 
sidered as  actually  giving  the  right  of  eminent  domain,  but  rather  to 
provide  against  the  charge  of  trespass  being  made  by  the  owner  of  the 
land.  The  right  of  eminent  domain  is  only  granted  for  "necessary  pub- 
lic use."  How  can  a  prospector  enter  upon  the  land  belonging  to 
another,  and  knowingly  say  that  this  land  is  necessary  for  public  use, 
when  he  has  no  knowledge  of  the  utility  of  the  land  for  any  purpose 
whatever,  but  demands  the  right  over  and  above  the  owner  to  investi- 
gate, and,  if  possible,  find  out  in  advance  that  the  land  is  valuable  for 
something  which  he  seeks  for  his  own  enrichment f  This  is  nothing 
less  than  the  taking  of  private  property  for  private  use,  and,  under  the 
provisions  of  this  Act,  pay  the  owner,  not  for  the  value  of  the  land,  but 
for  just  so  much  as  the  owner  had  knowledge  of  before. 

All  of  which  is  in  direct  conflict  with  the  Constitution,  which,  as 
before  stated,  says:  "Nor  shall  private  property  be  taken  for  public 
use  without  just  compensation  having  been  first  made  or  secured," 
there  being  no  provisions  anywhere  for  private  property  being  taken 
for  private  use.  If  a  railroad  is  to  be  built,  the  right  of  way  can  be 
secured  for  such  public  use,  but  the  railroad  must  be  built  and  operated; 
if  the  road  is  not  operated,  the  right  of  way  reverts  to  the  original 
owner  or  his  successor  in  title.  Can  the  prospector  give  any  positive 
assurance  to  the  land  owner  that  he  will  develop  a  mine  that  will  be 
of  public  usef  He  certainly  cannot  do  so,  and  should  not  be  allowed 
to  condemn  the  property  for  speculative  purposes  of  his  own.  Sup- 
pose a  mine  should  be  discovered?  Who  will  it  belong  to — the  man  who 
discovers  it,  or  the  man  who  owns  the  land?  This  will  bring  the  case  to 
the  courts,  and  endless  litigation  will  follow.  This  issue  has  not  yet 


18  GOVERNOR'S    VETO    MESSAGES. 

been  settled  against  the  owner  of  the  land,  and,  in  my  opinion,  will  not 
be  determined  by  this  Act  should  it  become  a  law.     Respectfully, 

JOHN-  SPARKS, 

Governor. 


Senate  Bill  No.  70, 

INTRODUCED  BY  SENATOR  PITT, 

MARCH   2,  1903. 

AN  ACT 

FOR  THE  REGULATION  OF  THE  PRACTICE  OF  MEDICINE  AND  SURGERY 
IN  THE  STATE  OF  NEVADA,  PROVIDING  FOR  THE  APPOINTMENT  OF 
A  BOARD  OF  MEDICAL  EXAMINERS  FOR  SAID  REGULATION,  AND 
REPEALING  ALL  OTHER  ACTS  IN  RELATION  THERETO. 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and  Assembly, 

do  enact  as  follow*: 

SECTION  1.  There  shall  be  a  Board,  consisting  of  five  members,  to 
be  appointed  by  the  Governor,  which  shall  be  known  as  the  Board  of 
Medical  Examiners  of  the  State  of  Nevada.  The  members  of  this 
Board  shall  consist  of  three  members  of  .the  regular  school  of  medicine, 
one  of  the  eclectic  school  of  medicine  and  one  of  the  homeopathic 
school  of  medicine.  Each  member  appointed  on  this  Board  shall  be  of 
good  moral  standing,  and  known  to  be  reputable,  fair-minded,  and 
worthy  in  all  respects.  Each  member  of  this  Board  shall  serve  for 
four  years  from  the  date  of  his  appointment.  This  Board  shall  meet 
on  the  first  Monday  of  January  and  July  of  each  and  every  year,  at 
Carson  City,  to  examine  candidates  for  licenses  to  practice  medicine 
and  surgery  in  the  State  of  Nevada. 

SEC.  2.  The  Board  shall  have  power  to  issue  licenses  to  any  person 
who  furnishes  satisfactory  proof  of  having  received  a  degree  or  diploma 
from  a  chartered  medical  college  in  good  standing  and  who  shall  pass  a 
satisfactory  examination  before  the  Board.  Holders  of  diplomas  from 
foreign  schools  and  colleges  of  medicine  shall  not  be  exempt  from 
examination.  The  Board  shall  elect  one  of  its  members  to  be  President 
and  shall  also  elect  one  to  be  Secretary  and  Treasurer  of  the  same.  The 
President  of  the  Board  shall  have  power  to  call  special  meetings  when- 
ever he  shall  deem  it  necessa.ry.  Notice  of  each  regular  meeting  of  the 
Board  shall  be  given  by  publication  twice  a  week  for  each  of  the  two 
weeks  next  preceding  each  meeting  in  four  daily  papers  published  in 
this  State,  the  papers  for  such  publication  to  be  selected  by  the  Presi- 
dent of  the  Board.  The  said  Board  shall  procure  a  seal  and  shall  receive 
through  its  Secretary  applications  for  licenses,  provided  to  be  issued 
under  this  Act.  The  Secretary  of  the  Board  shall  be  empowered  to  issue 
temporary  certificates  to  those  applying  for  licenses  to  practice  medicine 
and  surgery  in  this  State,  such  certificates  to  be  valid  until  the  next 
regular  or  special  meeting  of  the  Board,  at  which  time  the  holders  of 
such  certificates  must  submit  to  examination  by  the  Board. 

SEC.  3.     It  shall  be  unlawful  for  any  person  to  practice  medicine, 


TWENTY-FIRST   SESSION.  19 

surgery  or  obstetrics  in  Nevada,  unless  such  person  shall  have  passed  a 
satisfactory  examination  before  the  examining  board  provided  for  in 
Section  1  of  this  Act,  except  under  the  authority  of  a  temporary  cer- 
tificate as  provided  in  Section  2  of  this  Act;  and,  provided  further,  that 
the  provisions  of  this  Act  shall  not  apply  to  women  who  have  practiced 
obstetrics;  provided  further,  that  the  provisions  of  this  Act  shall  not 
apply  to  resident  practicing  physicians  and  surgeons  who  have  already 
complied  with  the  present  existing  laws. 

SEC.  4.  No  person  after  the  passage  of  this  Act  shall  in  any  way 
advertise  as  a  doctor,  physician  or  surgeon  unless  he  shall  have  previ- 
ously received  a  license  to  practice  medicine  and  surgery,  either  at  the 
hands  of  the  Board  of  Medical  Examiners,  already  provided  for  in  this 
Act,  or  under  any  prior  Act  of  this  State. 

SEC.  5.  The  fee  for  the  examination  provided  for  in  this  Act  shall 
be  forty  (40)  dollars,  which  shall  be  paid  to  the  Secretary  of  the  Board 
by  the  applicant  before  the  examination  may  be  begun  or  before  the 
applicant  may  receive  a  temporary  certificate  as  hereinafter  provided. 
This  fee  shall  not  be  returnable.  Any  person  shall  be  regarded  as 
practicing  medicine  who  shall  profess  publicly  to  be  a  physician  or  who 
shall  prescribe  for  the  sick;  but  nothing  herein  contained  shall  be  con- 
strued to  prohibit  gratuitous  services  in  cases  of  emergency  or  to  pro- 
hibit a  physician  or  surgeon  of  the  U.  S.  Army  from  the  discharging  of 
his  duties  as  such;  but  none  of  the  provisions  of  this  Act  shall  apply 
to  those  who  are  now  legally  practicing  medicine  or  surgery  in  the 
State  of  Nevada. 

SEC.  6.  Any  persons  violating  any  of  the  provisions  of  this  Act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  $100  nor  more  than  $500  or  by  impris- 
onment in  the  county  jail  for  a  period  of  not  less  than  three  months  or 
more  than  six  months,  or  by  both  such  fine  and  imprisonment  at  the 
discretion  of  the  Court. 

SEC.  7.  Each  applicant  for  examination  must  present  to  the  Board, 
in  addition  to  satisfactory  credentials  as  to  his  medical  education,  evi- 
dences of  good  moral  character.  He  must  also  be  personally  examined 
by  said  Board  as  to  his  qualifications  to  practice  medicine  and  surgery. 
The  examinations  must  be  conducted  in  the  English  language  and  shall 
be  in  whole  or  in  part  in  writing  on  the  following  subjects,  to  wit: 
Anatomy,  physiology,  bacteriology,  pathology,  chemistry,  toxicology, 
surgery,  obstetrics,  materia  medica,  therapeutics,  and  theory  and  prac- 
tice of  medicine.  The  examination  in  the  subjects  of  materia  medica 
and  therapeutics  shall  be  conducted  by  the  member  or  members  of  the 
Board  representing  the  school  of  medicine  under  which  the  applicant 
applies  for  examination.  A  failure  upon  the  part  of  any  applicant  to 
secure  an  average  of  75  per  cent  on  three  or  more  subjects  shall  cause 
his  rejection. 

SEC.  8.  All  moneys  received  by  this  Board  shall  be  paid  out  upon 
its  order  for  its  actual  necessary  expenses  and  the  expenses  of  its  mem- 
bers incurred  in  attending  its  meetings. 

SEC.  9.  Each  license  granted  by  the  Board  shall  bear  the  seal  of  the 
Board  and  the  signatures  of  all  its  members  and  shall  authorize  the 
person  to  whom  it  is  issued  to  practice  medicine  and  surgery  in  this 
State. 

SEC.  10.     All  examinations  conducted  bv  this  Board   shall   be  fair 


20  GOVERNOR'S    VETO   MESSAGES. 

and  practical  in  character  and  for  the  purpose  of  determining  the  actual 
fitness  of  applicants  to  practice  medicine  and  surgery. 

SEC.  11.  This  Board  may  refuse  a  certificate  to  any  individual  guilty 
of  unprofessional  or  dishonorable  conduct  and  may  revoke  any  license 
for  a  like  cause.  In  all  cases  of  refusal  or  revocation  the  parties  sub- 
jected to  such  refusal  or  revocation  may  appeal  to  the  Courts  for  justice. 

SEC.  12.  It  shall  be  unlawful  for  any  person  to  present  to  this 
Board  any  forged  or  fraudulent  diploma  or  license,  or  one  which  was 
not  issued  to  the  person  presenting  the  same,  and  any  person  who  shall 
so  present  a  diploma  or  license  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
five  hundred  dollars  or  by  imprisonment  in  the  county  jail  for  a  period 
of  not  less  than  fifty  nor  more  than  one  hundred  and  eighty  days,  or 
by  both  such  fine  and  imprisonment  for  each  and  every  offense. 

SEC,  13.  No  member  of  the  Board  of  Medical  Examiners  shall 
receive  any  compensation  for  any  service  or  services  rendered  under 
the  provisions  of  this  Act. 

SEC.  14.  All  Acts  and  parts  of  Acts  in  conflict  with  the  provisions 
of  this  Act  are  hereby  repealed. 


VETO  MESSAGE  ON  SENATE  BILL  NO.  40. 

EXECUTIVE  CHAMBER, 
CARSON  CITY,  NEVADA,  March  26, 1903. 
To  the  Honorable  the  Secretary  of  State: 

I  have  the  honor  to  deposit  with  you,  without  my  approval,  Senate 
Bill  No.  70 — An  Act  for  the  regulation  of  the  practice  of  medicine  and 
surgery  in  the  State  of  Nevada,  and  providing  for  the  appointment  of 
a  Board  of  Medical  Examiners. 

My  objections  to  this  measure  are  based  on  such  lines  of  public  pol- 
icy as  have  been  presented  to  me  by  the  members  of  the  medical  pro- 
fession in  this  State,  there  being  a  very  decided  difference  of  opinion 
relative  to  the  law  existing  and  the  bill  now  under  consideration,  with 
reference  to  the  meritorious  features  of  both. 

The  principal  difference  is  on  the  question  of  examination  of  appli- 
cants. The  proposed  Act  positively  requires  an  examination  before 
being  allowed  to  practice  in  this  State,  except  in  case  a  temporary  cer- 
tificate is  granted  by  the  Board  until  its  next  regular  meeting.  The 
present  law  permits  the  Board  to  issue  licenses  upon  the  applicant 
furnishing  satisfactory  proof  of  having  received  diplomas  or  licenses 
from  reputable  and  legally  chartered  medical  institutions  of  the  United 
States  which  are  in  good  standing,  or  from  the  State  Examining  Board 
of  any  State  of  the  United  States,  providing  the  holder  of  said  certifi- 
cate has  been  practicing  in  this  State  for  at  least  five  years. 

Now,  in  so  far  as  examinations  are  concerned,  I  am  disposed  to 
believe  that  a  physician  who  may  stand  the  best  examination  is  not 
always  the  best  practitioner.  Young  men  fresh  from  college  would 
probably  stand  far  in  advance  of  older  and  far  more  reliable  applicants 
in  the  treatment  of  disease.  Our  present  law  has  apparently  given 
good  satisfaction,  and  the  division  of  opinion  by  the  medical  men  of  the 
State  has  compelled  me  to  hesitate  in  giving  my  approval  to  the  bill, 


TWENTY-KIKST    SKSSIOX.  21 

nml  I  have  liimlly  concluded  to  withhold  my  approval,  and  permit  the 
iicxl  Legislature  to  take  the  matter  up.  Meantime,  if  I  should  dis- 
cover from  evidence  and  observation  that  this  Act  is  preferable,  I  will 
willingly  recommend  to  the  next  Legislature  by  message  the  passage  of 
the  bill.  Respectfully, 

JOHN  SPARKS, 

Governor. 


22  PROPOSED    CONSTITUTIONAL   AMENDMENTS. 


PROPOSED   CONSTITUTIONAL  AMENDMENTS 

To  Be  Acted  on  by  the  Twenty-second  Session  of  the  Nevada  Legislature,  1905,  for 

Approval  or  Rejection. 


Senate  Concurrent  Resolution  No.  5,  relative  to  amending  Section  13, 
Article  XV,  of  the  Constitution  of  the  State  of  Nevada. 

[Passed  March  10,  1903.] 

Resolved  by  the  Senate,  the  Assembly  concurring,  That  the  Constitu- 
tion of  the  State  of  Nevada  be  amended  as  follows: 

Amend  Section  13,  of  Article  XV,  of  the  Constitution  of  the  State  of 
Nevada,  so  as  to  read  as  follows: 

Section  13.  The  enumeration  of  the  inhabitants  of  this  State  taken 
under  the  direction  of  Congress  in  A.  D.  nineteen  hundred,  and  every 
ten  years  thereafter,  or  such  enumeration  as  the  State  may  make,  shall 
serve  as  the  basis  of  representation  in  both  houses  of  the  Legislature ; 
provided,  that  each  county  now  organized,  and  any  county  hereafter  cre- 
ated, shall  be  entitled  to  at  least  one  Senator  and  one  Assemblyman. 

This  resolution  having  remained  in  the  hands  of  the  Governor  five  days  after  having 
been  placed  in  his  hands  during  the  Twenty-first  Session  of  the  Nevada  Legislature,  and 
no  objections  having  been  filed  by  his  Excellency,  it  is  therefore  passed  this  10th  day  of 
March  A.  D.  1903. 

W.  G.  DOUGLASS, 

By  GEO.  N.  NOEL,  Deputy.  Secretary  of  State. 


Assembly  Concurrent  Resolution  No.  3,  proposing  to  amend  Section  1  of 
Article  IV,  of  the  Constitution  of  Nevada,  pertaining  to  the  initia- 
tive and  referendum,  and  other  legislative  authority  and  power  con- 
nected therewith. 

[Passed  March  12,  1903.] 

Resolved  by  the  Assembly,  the  Senate  concurring,  That  Section  1  of 
Article  IV  of  the  Constitution  of  the  State  of  Nevada  shall  be  and  is 
hereby  amended  to  read  as  follows: 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested  in 
a  Senate  and  an  Assembly,  which  shall  be  designated  "  The  Legislature 
of  the  State  of  Nevada,"  and  the  sessions  of  such  Legislature  shall  be 
held  at  the  Seat  of  government  of  the  State.  The  people,  however, 
reserve  to  themselves  powers  to  propose  laws  and  amendments  to  the 
Constitution,  and  to  enact  or  reject  the  same  at  the  polls,  independent 
of  the  Legislature,  and  also  reserve  power  at  their  own  option  to 
approve  or  reject  at  the  polls  any  Act  of  the  Legislative  Assembly. 
The  first  power  reserved  by  the  people  is  the  initiative,  and  not  less 
than  ten  (10)  per  cent  of  the  legal  voters  shall  be  required  to  propose 
any  measure  by  such  petition,  and  every  such  petition  shall  include  the 
full  text  of  the  measure  so  proposed.  Initiative  petitions  shall  be  filed 
with  the  Secretary  of  State  not  less  than  four  months  before  the  elec- 
tion at  which  they  are  to  be  voted  upon.  The  second  power  is  the 
referendum,  and  it  may  be  ordered  (except  as  to  laws  necessary  for  the 
immediate  preservation  of  the  public  peace,  health  or  safety)  either  by 


PROPOSED   CONSTITUTIONAL   AMENDMENT-  23 

petition,  signed  by  seven  (7)  per  cent  of  the  legal  voters,  or  by  the 
Legislative  Assembly,  as  other  bills  are  enacted. 

Section  2.  Referendum  petitions  shall  be  filed  with  the  Secretary  of 
State  not  more  than  sixty  (60)  days  after  the  final  adjournment  of  the  ses- 
sion of  the  Legislature  which  passed  the  bill  on  which  the  referendum  is 
demanded.  The  veto  power  of  the  Governor  shall  not  extend  to  meas- 
ures referred  to  the  people.  All  elections  on  measures  referred  to  the 
people  of  the  State  shall  be  at  the  biennial  regular  elections,  except  when 
the  Legislature  shall  order  a  special  election.  Any  measures  referred 
to  the  people  shall  take  effect  and  become  a  law  when  it  is  approved  by 
the  majority  of  the  votes  cast  thereon,  and  not  otherwise.  The  style  of 
all  bills  shall  be:  Be  it  enacted  by  the  People  of  the  State  of  Nevada. 
This  section  shall  not  be  so  construed  to  deprive  any  member  of  the 
Legislature  of  the  right  to  introduce  any  measure.  The  whole  number 
of  votes  cast  for  the  Justice  of  the  Supreme  Court  at  the  regular  elec- 
tion last  preceding  the  filing  of  any  petition  for  the  initiative  or  for  the 
referendum  shall  be  the  basis  on  which  the  number  of  legal  voters  neces- 
sary to  sign  petition  shall  be  counted.  Petitions  and  orders  for  the  initi- 
ative and  for  the  referendum  shall  be  filed  with  the  Secretary  of  State, 
and  in  submitting  the  same  to  the  people  he  and  all  other  officers  shall 
be  guided  by  the  general  laws  and  the  Act  submitting  this  amendment 
until  legislation  shall  be  especially  provided  therefor. 


J°int  and  Concurrent  Resolution,  No.  13,  amending  the  Constitution  of 
the  State  of  Nevada  ~by  adding  thereto  an  article  providing  for  pub- 
lic utilities. 

[Passed  March  12,  1903.] 

Resolved  by  the  Senate,  the  Assembly  concurring,  That  the  Constitu- 
tion of  the  State  of  Nevada  be  amended  by  adding  thereto  an  article  as 
follows : 

ARTICLE  — . 

PUBLIC   UTILITIES. 

SECTION  1.  The  State  may  engage  in  the  business  of  transportation 
and  of  furnishing  water,  lights,  and  means  of  communication  to  the 
people,  and  may  provide  such  other  public  utilities  as  may  become 
necessary  or  expedient,  and  for  these  purposes  a  State  debt  not  exceed- 
ing ten  per  centum  of  the  assessed  value  of  the  taxable  property  in  the 
State  may  be  created;  provided,  that  no  Act  or  resolution  authorizing 
an  expenditure  of  public  money,  or  increasing  the  State  debt  for  these 
purposes,  shall  be  effective  until  it  shall  have  received  the  sanction  of 
the  people  by  a  majority  of  the  votes  cast  at  a  general  election. 


Assembly  Concurrent  Resolution  No.  17,  relative  to  amending  Section  1 
of  Article  X  of  the  Constitution  of  the  State  of  Nevada,  pertaining 
to  the  assessment  and  taxation  of  patented  mines. 

[Passed  March  20,  1903.] 

Resolved  by  the^  Assembly ,  the  Senate  concurring,  That  the  Constitu- 
tion of  the  State  of  Nevada  be  amended  so  as  to  read  as  follows: 


24  PROPOSED    CONSTITUTIONAL    AMKNDMKNTS. 

Amend  Section  1,  Article  X,  of  the  Constitution  of  the  State  of 
Nevada,  so  that  the  same  shall  read  as  follows: 

Section  1.  The  Legislature  shall  provide  by  law  for  a  uniform  and 
equal  rate  of  assessment  and  taxation,  and  shall  prescribe  such  regula- 
tions as  shall  secure  a  just  valuation  for  taxation  of  all  property,  real, 
personal  and  possessory,  except  mines  and  mining  claims,  when  not 
patented,  the  proceeds  alone  of  which  shall  be  assessed  and  taxed,  and 
when  patented,  each  patented  mine  shall  be  assessed  at  not  less  than 
five  hundred  dollars  ($500)  except  when  one  hundred  dollars  ($100)  in 
labor  has  been  actually  performed  on  such  patented  mine  during  the 
year,  in  addition  to  the  tax  upon  the  net  proceeds;  and  also  excepting 
such  property  as  may  be  exempted  by  law  for  municipal,  educational, 
literary,  scientific  or  other  charitable  purposes. 


